§8543 — Title 16 Conservation | U.S. Code

Summary

If an area that the federal government manages has visitor-use days available for outfitters and guides, the agency in charge must post that availability on its website. The agency must keep the website up to date and must offer an email signup so people can get notices when permits or commercial authorizations for outfitting and guiding are available. The rule does not apply when renewing an existing permit or when issuing a permit to someone who bought a business that already had a permit, and it does not limit the agency’s ability to issue new permits or add uses to existing permits. When the agency gets a complete application or proposal for a special recreation permit, it must, within 60 days, tell the applicant it got the paperwork and either make a final decision or give a projected final-decision date. This requirement does not apply to National Park Service concession contracts for places to stay, facilities, or services.

Title 16, §8543

Conservation — Source: USLM XML via OLRC

(a)(1)(A)Except as provided in subparagraph (B), in an area of Federal recreational lands and waters in which use by recreation service providers is allocated, if the Secretary concerned determines that visitor-use days are available for allocation to recreation service providers or holders of a commercial use authorization for outfitting and guiding, the Secretary concerned shall publish that information on the website of the agency that administers the applicable area of Federal recreational lands and waters.

(B)Nothing in this paragraph—

(i)applies to—

(I)the reissuance of an existing special recreation permit or commercial use authorization for outfitting and guiding; or

(II)the issuance of a new special recreation permit or new commercial use authorization for outfitting and guiding issued to the purchaser of—

(aa)a recreation service provider that is the holder of an existing special recreation permit; or

(bb)a holder of an existing commercial use authorization for outfitting and guiding; or

(ii)creates a prerequisite to the issuance of a special recreation permit or commercial use authorization for outfitting and guiding or otherwise limits the authority of the Secretary concerned—

(I)to issue a new special recreation permit or new commercial use authorization for outfitting and guiding; or

(II)to add a new or additional use to an existing special recreation permit or an existing commercial use authorization for outfitting and guiding.

(2)The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public.

(3)The Secretary concerned shall establish a system by which potential applicants for special recreation permits or commercial use authorizations for outfitting and guiding may subscribe to receive notification by electronic mail of the availability of special recreation permits under section 6802(h)(1) of this title (as amended by this title) or commercial use authorizations for outfitting and guiding.

(b)Not later than 60 days after the date on which the Secretary concerned receives a completed application or a complete proposal for a special recreation permit under section 6802(h)(1) of this title (as amended by this title), the Secretary concerned shall—

(1)provide to the applicant notice acknowledging receipt of the application or proposal; and

(2)(A)issue a final decision with respect to the application or proposal; or

(B)provide to the applicant notice of a projected date for a final decision on the application or proposal.

(c)Nothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.

Editorial Notes

References in Text

As amended by this title, referred to in subsecs. (a)(3) and (b), means as amended by title III of Pub. L. 118–234.

§8543 Permit Administration

Summary

Title 16, §8543

Notes & Related Subsidiaries

Editorial Notes

References in Text

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